Ultimately, the courts will make the final judgment whether the White House has gone too far. Independent and impartial judges must assess the proper balance between protecting our liberties and protecting our national security.
I believe that the Constitution is not hostile to the idea that national problems can be solved at the national level through the cooperative efforts of the three coequal branches of government, the Congress, the executive and courts. But not every president, not every legislator and not every judge agrees that the federal government has the power to address and to try to remedy the twin national problems of poverty and access to equal opportunity.
In decision after decision on the bench, Judge [Samuel] Alito has excused abusive actions by the authorities that intrude on the personal privacy and freedoms of average Americans.
It is extraordinary that each of the three individuals this president [ George W. Bush] has nominated for the Supreme Court - Chief Justice [John] Roberts, Harriet Miers and now Judge Alito - has served not only as a lawyer for the executive branch, but has defended the most expansive view of presidential authority.
In an era when too many Americans are losing their jobs or working for less, trying to make ends meet, in close cases Judge [Samuel] Alito has ruled the vast majority of the time against the claims of the individual citizens. He has acted instead in favor of government, large corporations and other powerful interests.
In an era when America is still too divided by race and by riches, Judge [Samuel] Alito has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job: in 15 years on the bench, not one.
When I look at that record in light of the 1985 job application to the [Ronald] Reagan Justice Department, it's even more troubling.That document lays out an ideological agenda that highlights Judge Samuel Alito in belonging to an alumni group at Princeton that opposed the admission of women and proposed to curb the admission of racial minorities.
Judges are appointed by and with the advice and consent of the Senate. And it is our duty to ask questions on great issues that matter to the American people and to speak for them.
I had the privilege of chairing Judge Samuel Alito confirmation hearing in 1990. And at that time, he had practiced law for 14 years, but only represented one client, the United States government.
If confirmed, Judge [Samuel] Alito could serve on the court for generation or more. And the decisions he will make as justice will have a direct impact on the lives and liberties of our children, our grandchildren, and even our great-grandchildren.
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